Geeta W/O Vitthal Pitale @ Geeta Dnynoba Dharpade v. The State Of Maharashtra And Others

1 927-REVN 163-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO. 163 OF 2022 Geeta Vitthal Pitale @ Geeta Dnyanonba Dharpade .. Applicant

Versus

The State of Maharashtra and others .. Respondents Mr. Ravindra M. Deshmukh, Advocate for the Applicant. Mrs. P. V. Diggikar, APP for Respondents-State. CORAM : BHARAT P. DESHPANDE, J.

DATED : 05th AUGUST, 2022.

PER COURT:- 1.

Heard.

2.

This is a revision filed under Sections 397/401 of the Code of Criminal Procedure challenging acquittal order passed by the learned JMFC at Majalgaon, District Beed in Regular Criminal Case No. 360/2018 vide its judgment dated 01.01.2022 by which respondent Nos. 2 to 7 were acquitted for the offence punishable under Section 498-A of the Indian Penal Code. 3.

The registry has put up a note that the applicant being original complainant is entitled to file appeal against the impugned judgment. 4.

The learned counsel for the applicant submits that the forum of appeal is available to the applicant and therefore, the applicant be permitted to

2 927-REVN 163-2022.odt withdraw this proceeding with liberty to file appeal challenging the acquittal. 5.

Since, the appeal is available to the informant under Section 372 of the Code of Criminal Procedure, the present proceeding could be permitted to be withdrawn with liberty to approach the appropriate Court by filing appeal. Hence, the following order.

ORDER

(I) The application stands disposed of.

(II) The applicant is permitted to withdraw the present proceeding. Liberty to file appeal against the impugned order before the appropriate forum.

(III) Proceeding is closed.

( BHARAT P. DESHPANDE, J.) P.S.B.